What is the test for unlawful possession of a controlled substance for sale?

California, United States of America


The following excerpt is from People v. Conley, C075095 (Cal. App. 2015):

"Unlawful possession of a controlled substance for sale requires proof the defendant possessed the contraband with the intent of selling it and with knowledge of both its presence and illegal character. [Citation.] Transportation of a controlled substance is established by carrying or conveying a usable quantity of a controlled substance with knowledge of its presence and illegal character. [Citations.]" (People v. Meza (1995) 38 Cal.App.4th 1741, 1745-1746.) By pleading not guilty, defendant put at issue all the elements of the offenses. (People v. Steele (2002) 27 Cal.4th 1230, 1243.)

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